I/We agree to the following terms and conditions:
Sound Recordings, Music Videos, Karaoke Tracks and/or Sound Effects are provided to me/us on a restricted basis, and the sole rights acquired by me/us are limited to those granted herein.
CD and DVD PURCHASES
I/We agree that all music discs and the sound recordings embodied therein that acquired by me/us from ERG Music are for promotional use only solely by me/us, and may not be re-sold, traded, digitized, duplicated, transmitted or otherwise distributed without the written authorization of ERG Music. For individual discs, I/we agree that ERG Music may charge my/our card for the full amount due.
For annual subscriptions, I/we agree that ERG Music may charge my/our credit card annually for the total annual subscription amount due. I/we understand that an annual subscription means that I/we am/are subscribing to quantity of discs, and that in the event that ERG Music supplies me with additional releases in any given month(s), my/our subscription may be renewed prior to the anniversary date. For monthly subscriptions. I/we agree that ERG may charge my/our credit card monthly on the first day of the month for all amounts due during the month. I/we agree to place on deposit and maintain with ERG Music an amount not less than one month's subscription fee, to be held without interest as security.
REFUNDS AND REPLACEMENTS
Payments received for download products are non-refundable. Defectives files may be re-downloaded at no additional cost see applicable terms and conditions under product headings.
NU DIGITAL TRAXX SUBSCRIPTIONS
PAYMENT AND CONTINUITY OF USE
I/we shall pay monthly in advance the fees due for acquisition of digital music files, plus any applicable taxes. Should my/our account fall into arrears, I/we agree that ERG Music retains the right to restrict access to digital music programming provided under this agreement.
I/We may cancel this subscription upon providing ERG Music with written notification of our wish to cancel. Notification must be received 10 days prior to the end of the month to avoid additional charges.
I/We understand that (except in the case of cancellation) each paid month of service for Nu Digital Traxx will allow me/us access to all new releases available to ERG Music subscribers for a period of 60 days following initial availability. I/We agree to provide an honest and considered feedback opinion on the hit potential of each track after listening to a sample of the track and prior to having access to be able to download a full version of the song.
DOWNLOAD CREDIT PURCHASES
I/We understand that I/we shall be entitled to acquire one downloaded digital file in the purchased format for each related sound recording, music video, karaoke tracks or sound effect download credit purchased, whether individually or as part of a bundle. I/We shall have the option to re-download any file purchased at no additional charge, with a limit of 2 free re-installations of any downloaded song and a maximum of one free re-installation per year. I/We further understand that unused download credits shall expire without refund one year following the initial purchase of a bundle.
GENERAL TERMS & CONDITIONS
MUSIC USE RESTRICTIONS
I/we hereby confirm that all CDs, DVDs, or digital music files acquired from ERG Music under this agreement will be used only in a commercial application in a public performance venue or in a related business use in the United States of America. Sound Recordings and/or associated visual images, Musical Works and Sound Effects delivered via digital download are the property of the participating record labels, artists, composers, authors and publishers, as applicable. This content is licensed for commercial use only by authorized users and is not to be made available to any member of the general public for personal or home use. Any unauthorized use, including unauthorized resale, distribution, public display, duplication or violation of any laws, including federal copyright laws, is prohibited. In the event that CDs, DVDs or digital music files are obtained by me/us for a use or distribution other than described above, I/we agree that ERG Music will immediately cease distribution of content to me/us, I/we agree that any prepaid subscription fees will be immediately forfeited and I/we further agree that an additional penalty in the amount of One Thousand Dollars ($1,000.00) will immediately become due and payable and I/we grant permission for this penalty to be charged to my/our credit card without further notice. Sound Recordings, Visual Images, Musical Works and Sound Effects may not be pledged, mortgaged, or in any other way, encumbered. Persons violating these restrictions may be subject to civil and/or criminal actions.
RETURNED PAYMENT FEES
If any check or preauthorized payment issued by me/us is returned by my/our bank, or if my/our credit card is declined on any payment for any reason, I/We shall, upon being informed, immediately issue to ERG Music full payment of all amounts owing at that date, as well as ERG Music's returned payment fee of $25.00.
USE OF PROGRAMS
I/We warrant that, a) No alteration or modification shall be made to any downloaded music file, including any re-mixing or re-editing, b) The downloaded music files shall be used solely for commercial purposes as indicated in this agreement and c) No downloaded music files shall be physically removed from the US nor transmitted or made available electronically to any other person at any time.
All notices with regard to this agreement shall be sent to me/us at the address with which we have registered for ERG Music's services and to ERG Music at, Unit 6, 435 Lawrence Bell Dr., Williamsville, NY 14221.
I/WE WILL NOT ASSIGN THIS AGREEMENT, MY/OUR INTEREST IN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ERG MUSIC. If I/we assign this Agreement, my/our interest in this Agreement without the prior written consent of ERG Music, ERG Music will have recourse and will be entitled to all damages caused by the assignment. ERG Music may assign this Agreement and ERG Music's interest in this Agreement by providing me/us with prior written notice of the assignment, provided the assignment is a reasonable one to which a reasonable person in the my/our circumstances would not object.
I/We agree that ERG Music shall not be responsible for any losses or damages incurred by me/us as a result of my/our failure to obtain one or more downloaded files from ERG Music's digital download services at any time or as a result of any downloaded music files being unplayable or defective in any other way, except that ERG Music shall be responsible for providing replacements for copies of master files which may be unplayable or defective in any other way.
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and proceedings under this Agreement, be construed in accordance with and governed by, to the exclusion of the law of any other forum, the laws of the State of New York without regard to the jurisdiction in which any action or proceeding may be instituted.
CREDIT CARD PAYMENTS
I /We agree that my/our acceptance of this agreement via online or any other acknowledgement of these terms and conditions indicates that 1) I/we am/are the cardholder for the credit card account indicated, 2) the credit card account provided is valid and 3) I/we give ERG Music the right to charge any and all amounts due under this agreement to the credit card indicated by me/us.
I/We agree that this agreement represents the entire agreement between me/us and ERG Music. By clicking on the accept button, I/we acknowledge or agreement with the terms and conditions as laid out in this agreement.